Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition - Severance of joint family status - Held, as soon as plaint (Partition suit) was presented by "R", there will be presumption that coparcenary status of the family ceased - Therefore, in the present case, coparcenary status of the family ceased in the year 1989 itself when plaint was presented - Gift deeds were..........
Civil Procedure Code, 1908, Order 20, Rule 3(as, Civil Procedure Code, 1908, Order 49, Rule 3(5) - - Recall of judgment - Judgment pronounced in open Court - Not signed - Inadvertent mistake detected in Judgment - Judge can recall, alter and correct relevant part of judgment after notice and fresh hearing...........
Civil Procedure Code, 1908, Order 20, Rule 18, Civil Procedure Code, 1908, Order 41, Rule 1 -- Ex parte preliminary decree - Pendency of application for setting aside - Passing of final decree - Effect - Held, pending an application to condone delay in filing an application for setting aside ex parte preliminary decree, if a final decree is passed, on setting aside of ex..........
Civil Procedure Code, 1908, Order 12, Rule 6, Civil Procedure Code, 1908, Order 15, Rule 1, Civil Procedure Code, 1908, Order 20, Rule 5 -- Judgment on admission - Framing of issues - Necessity of - Held, necessity to frame issues, much less to record evidence is obviated in cases where claim of plaintiff is admitted by defendants at threshold - If admission is in its..........
Civil Procedure Code, 1908, Section 33, Order 20, Rule 7 -- Judgment and decree - Dates thereof - Held, date of decree would be same on which judgment was pronounced but signature of Judge on decree shall be made or can be made subsequently when he is satisfied that decree has been drawn up in accordance with judgment - Therefore, date under signature of Judges on decree..........
Civil Procedure Code, 1908, Section 33, Order 20, Rule 7 -- Expression "date of decree" - Meaning thereof - Held, decree comes into existence on date of judgment even though it is signed later - As soon as judgment is pronounced, decree is there - In law it comes into existence though it is not formally prepared and signed on same date - Expression "date of decree" does..........
Civil Procedure Code, 1908, Order 20, Rule 14 -- Decree in pre-emption suit - Entire sale consideration, as stipulated in decree, deposited in Court, in time - Held, title of ownership would accrue to pre-emptor in respect of pre-empted properly then and there and would not depend upon delivery of possession...........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne Profits - Grant of - Defendants under perception that defendant No.4 had half share in bus forcibly took away the bus - Specific plea of plaintiff that he was earning Rs.1,000/- per day by plying bus - Plea regarding income from bus has not been specifically denied by defendants - There is no rebuttal of evidence led..........
Civil Procedure Code, 1908, Order 20, Rule 12 -- Mesne profits - Word `property' means and includes immovable as well as moveable property...........
Civil Procedure Code, 1908, Section 2(9), Order 20, Rule 4 -- Decree for prohibitory injunction passed against only one of the defendants - Not a judgment within the meaning of S.2(9) read with O.20.R.4 CPC - Not legally valid which is capable of execution...........
